I have filed I-485 under EB2 category using EB3 priority date along with copy of approved EB3 I-140 approval notice. Now my employer is considering reusing my approved EB3 labor for someone else, thinking that my EB2 I-485 application will not be impacted as it is now filed with CIS. Can the employer reuse the EB3 labor without impacting my case? :confused:

Please advice.

Thank you.

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GCwaitforever

02-13 01:44 PM

Stuck in Immigration backlog? Join IV for a furlong.

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dpp

07-11 11:06 AM

I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.

That's interesting! Could you please point me to a location where it says?

Thanks This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

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james_bond_007

03-13 12:01 AM

Congratulations !!

Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..

does he have the source of this rumour? does vdlrao knows anything about this?

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cahimmihelp

07-15 02:32 PM

Thanks a lot Raj.

One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

Have you gone out of the country and came back to USA on H1B visa after that ? If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).

I never heard this? Any references to confirm this?

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kaisersose

07-26 03:16 PM

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end. Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending

As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

All the same, I would still get a H-4 as this will be advantageous as,

1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

2. AP takes a long time to come and she has to make an urgent trip back home?

3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.

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shan74

10-23 07:20 AM

There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.

really need to know this based on the market situation.

immi_grant

06-25 02:10 PM

Thanks for the response !!

This client is a direct client to my company and there are no middle layers or vendors. So like you said if I can get an email from the client that they can't give me the letter via their corporate email would work ? Would this suffice to open a MTR ?

Thanks in advance.

abhijitp

12-19 07:39 PM

Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true? Not true. They won't ask you anything. I would get my FP done. Then have your attorney write a letter to the USCIS explaining why you submitted two AOS applications, then asking them to keep any one "approvable" of the two AOS applications you submitted. This, I was told by an attorney during a private consultation call. Hope this helps. Best advice is, please consult an attorney:)